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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2687/2016
1. Sandip S/o Pandurang Gawande,
aged about 35 Yrs., Occu. Agriculturist,
R/o Dapura (Majlapur), Tq. and
District Akola.
2. Shailesh S/o Janrao Dongre,
aged about 35 Yrs., Occu. Agriculturist,
R/o Dapura (Majlapur),
Tq. and District Akola. ..Petitioners.
..Vs..
1. The Additional Collector,
Akola.
2. Divisional Commissioner,
Amravati Division, Amravati.
3. Secretary, Gram Panchayat,
Dapura (Majlapur), Tq. and
District Akola.
4. Vasantrao Ramkrushna Gawande,
aged about 55 Yrs., Occu. Agriculturist,
R/o Dapura (Majlapur), Post Dapura,
Tq. and District Akola. ..Respondents.
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Shri S. V. Sohoni, Advocate for the petitioners.
Ms. H. N. Prabhu, A.G.P. for respondent Nos.1 and 2.
Shri Ankush Tirukh, Advocate for respondent No.3.
Shri Deepak Patil, Advocate for respondent No.4.
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CORAM : Z.A.HAQ, J.
DATE : 2.5.2017.
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C.A.W. NO.1053/2017
For the reasons stated in the application, the application seeking permission to amend the prayer clause is allowed. The amendment be carried out forthwith. No costs.
ORAL JUDGMENT
1. Heard Shri S. V. Sohoni, Advocate for the petitioners, Ms. H. N. Prabhu, A.G.P. for the respondent Nos.1 and 2, Shri Ankush Tirukh, Advocate for the respondent No.3 and Shri Deepak Patil, Advocate for the respondent No.4.
2. Rule. Rule made returnable forthwith.
3. The petitioners have challenged the interim order passed by the Divisional Commissioner by which the prayer of the petitioners for grant of interim order staying the effect, operation and execution of the order passed by the Collector, is rejected.
4. The petitioners were elected as Members of Gram Panchayat in the election held on 8th August, 2010. The petitioners were removed from the office of Gram Panchayat as Members on the ground that they had not submitted the account of election expenses within the stipulated time. An ::: Uploaded on - 12/05/2017 ::: Downloaded on - 28/08/2017 01:17:45 ::: 3 wp2687.16 order was passed by the Collector under Section 14B of the Maharashtra Village Panchayats Act disqualifying the petitioners for further period of five years. This order was challenged by the petitioners in appeals before the Divisional Commissioner which were dismissed. The petitioners had filed Writ Petition No.5824/2015 and Writ Petition No.5853/2015 which are allowed by the judgments delivered on 2nd August, 2016 and 10th August, 2016, the orders passed by the Divisional Commissioner and Collector are set aside and the matters are remitted to the Collector for deciding them afresh. It is submitted that the proceedings are pending before the learned Collector.
5. In the meantime, after the term of the members of Gram Panchayat came to an end, fresh elections are held in 2015, the petitioners again contested the elections and got elected. The respondent No.4 filed application praying that the petitioners be removed from the office of members of the Gram Panchayat. The respondent No.4 contended that the petitioners contested the elections held in August, 2015 illegally, though they were declared to be disqualified for five years by the order dated 13 th February, 2013. The respondent No.4 contended that the petitioners contested the elections held in August, 2015 by misrepresenting the Election Officer by filing false documents. This application came to be allowed by the Collector and it is directed that the petitioners be removed from the office of the members of the Gram Panchayat. The petitioners challenged this order before Divisional ::: Uploaded on - 12/05/2017 ::: Downloaded on - 28/08/2017 01:17:45 ::: 4 wp2687.16 Commissioner by filing appeal and also prayed for interim order. The learned Divisional Commissioner, by the impugned order, has rejected the prayer for interim order and therefore, this petition is filed.
6. The application filed by the respondent No.4 under Section 14(1)(k) of the Maharashtra Village Panchayats Act, 1959 is allowed by the learned Collector on the ground that the petitioners are disqualified to be the members of the Gram Panchayat for five years by the order passed on 13 th February, 2013 and the appeals filed by them were also dismissed and therefore, they could not have contested the elections held in August, 2015. Thus, the foundation of the order passed by the Collector on 9 th March, 2016 is the disqualification of the petitioners by the order passed on 13th Febraury, 2013. As the order passed on 13th February, 2013 is set aside by this Court by the judgments in Writ Petition No. 5824 of 2015 and 5853 of 2015, the foundation of the orders passed by the learned Collector on 9 th March, 2016 goes. The order passed by the learned Collector on 9 th March, 2016 is subjudiced in appeal before the Divisional Commissioner and it is not the subject matter of this writ petition. However, considering the facts recorded above and as the learned advocates for the respective parties and the learned Assistant Government Pleaer are not disputing that the order passed by the Collector on 9th March, 2016 does not survive, the following order is passed: ::: Uploaded on - 12/05/2017 ::: Downloaded on - 28/08/2017 01:17:45 :::
5 wp2687.16 (i) The impugned order is set aside. (ii) The order passed by the Collector, Akola on 9 th March, 2016 is set aside. (iii) The Appeal No.10/2016 challenged by the petitioners and pending
before the Divisional Commissioner is disposed of as the order which is challenged in the appeal is itself set aside.
(iv) The matter is remitted to the Collector, Akola for deciding the application filed by the respondent No.4 under Section 14B of the Maharashtra Village Panchayats Act, 1959 afresh.
(v) The petitioners, respondent No.4 and the representative of respondent No.3 - Gram Panchayat shall appear before the Additional Collector, Akola on 5th July, 2017 at 11 a.m. and abide by further orders / instructions in the matter.
(vi) The learned Collector shall take up the application filed by the respondent No.4. under Section 14B of the Maharashtra Village Panchayats Act, 1959 after deciding the matters which are remitted for fresh decision by this Court by the judgment given in Writ Petition No.5824/2015 and Writ Petition 5853/2015.
(vii) As the matters are old, the learned Collector shall dispose them within six months.
The petition is disposed of in the above terms.
In the circumstances, the parties to bear their own costs.
JUDGE Tambaskar.
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